| Volume Number: 30
Category(s): STIPULATED CLAIMS |
|
| Opinion Issued July 30, 2013 | |
| GREGORY A. FOSTER | |
| VS. | |
| DIVISION OF HIGHWAYS | |
| (CC-11-0464) | |
|
Claimant appeared pro se. Andrew F. Tarr, Attorney at Law, for Respondent. |
|
| PER CURIAM:
This claim was submitted to the Court for decision upon a Stipulation entered into by Claimant and Respondent wherein certain facts and circumstances of the claim were agreed to as follows: 1. On February 23, 2011, the Claimant, Gregory Foster, was traveling along I-64 near Charleston, Kanawha County, when his 2004 Chevrolet Trail Blazer struck debris in the travel portion of the road. 2. Respondent was responsible for the maintenance of I-64, which it failed to maintain properly on the date of this incident. 3. As a result of this incident, Claimant’s vehicle sustained damage in the amount of $563.47. The Claimant’s collision insurance requires a $250.00 deductible amount; therefore, Claimant is limited to an award in the amount of $250.00. 4. The Court finds that the amount of $250.00 is fair and reasonable. The Court has reviewed the facts of the claim and finds that Respondent was negligent in its maintenance of I-64 on the date of this incident; that the negligence of Respondent was the proximate cause of the damages sustained to Claimant’s vehicle; and that the amount of damages agreed to by the parties is fair and reasonable. Thus, Claimant may make a recovery for the damage. It is the opinion of the Court of Claims that the Claimant should be awarded the sum of $250.00 in this claim. Award of $250.00. |
|
| Summary: |
Webmaster | © 2024 West Virginia Legislature **